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New “basic procedure” for contracts below EU thresholds
new provisions, public procurement
One new procedure will replace the three most commonly used procurement procedures below the EU thresholds. The open bid will disappear, and the basic procedure without negotiations will appear. It is supposed to be easier and more flexible, but will it work?
Can the form in which the bid bond is paid be modified during the course of a procurement procedure?
The Polish Public Procurement Law does not answer this question, but that is not an absolute bar to changing the form of a bid bond after the bids are opened.
First ruling on legal remedies by National Appeal Chamber since overhaul of Public Procurement Law
National Appeals Chamber, public procurement
Poland’s National Appeal Chamber (KIO) issued an order on 5 September 2016 of great practical significance, applying new procurement rules on the permissibility of appeals by contractors interested in bidding for public contracts below the EU thresholds.
More appeals and greater judicial oversight over decisions by contracting authorities
already in force, public procurement
The amendment of the Public Procurement Law which entered into force on 28 July 2016 opens up broader possibilities for protecting the interests of contractors in appellate proceedings before the National Appeal Chamber (KIO).
Electronisation of public procurement
project, public procurement
The development of information technology has changed the public procurement system. An amendment will finally be adopted requiring electronic communication between contracting authorities and potential contractors.
Innovation in public procurement
project, public procurement
Following Directive 2014/24/EU, the bill to amend the Public Procurement Law seeks to promote innovation in public contracts.
Is accession to a contractor’s obligation permissible in the public procurement system?
The ban on changing contractors during performance of a public contract is not absolute: the case law and commentaries admit exceptions. One of them is accession to the contractor’s obligation. But is accession always permissible?
The definition of subcontracting in public procurement
The Public Procurement Law defines what contracts between parties and concerning what subject matter are regarded as a subcontract, and also provides mechanisms protecting the interests of certain subcontractors.